The law firm that represented the petitioner in divorce proceedings filed a petition for setting final attorney fees and costs under the Illinois Marriage and Dissolution of Marriage Act. The law firm alleged it entered into an oral agreement with petitioner who failed to pay for its services and sought recovery based on quantum meruit and unjust enrichment. The trial court denied petitioner’s motion to dismiss and ordered arbitration where the law firm was awarded attorney fees. Petitioner appealed, arguing that the trial court erred when it denied his motion to dismiss. The appellate court reversed the trial court’s ruling on the motion to dismiss and vacated the arbitration award, finding that the applicable provisions of the Act require a written agreement. (BRENNAN and PETERSON, concurring)
Illinois Appellate Court
Civil Court
Attorney's Fees